Proposal is designed to protect all workers from heat-related health issues

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) took significant steps to address the risk of heat exposure in the workplace, particularly in the construction industry. This initiative is driven by the increasing frequency and intensity of heat waves, which raise the potential for increased health risks to workers.

OSHA's Proposed Heat Rule Standard

OSHA has proposed a new heat rule standard aimed at protecting workers from heat-related illnesses and injuries. The rule would apply to all employers and be triggered when employees are exposed to temperatures of 80 F for more than 15 minutes in any given 60-minute period.

The proposed rule, which is subject to change throughout the rulemaking process, has not been officially published in the Federal Register. Once the proposal is published, interested parties will have 120 days to submit comments. For more information about the rulemaking process and how to submit comments, please visit the OSHA website.

As of July 2, 2024, the proposed rule includes several key components:

• Heat Illness Prevention Plans: Employers will be required to develop and implement comprehensive heat illness prevention plans. These plans must include measures such as providing adequate water, rest breaks, and shaded areas for workers.
• Monitoring and Reporting: Employers will need to monitor temperature and humidity levels and report any heat-related incidents. This data will help OSHA track the effectiveness of the regulations and make necessary adjustments.
• Training and Education: Employers must provide training to workers and supervisors on recognizing the signs of heat-related illnesses and the steps to take in case of an emergency.
• Emergency Response: The proposal emphasizes the importance of having a clear and effective emergency response plan in place to address heat-related incidents promptly.

As stated above, stakeholders will have 120 days to file comments on the proposal. The 120-day comment period (which OSHA may extend) will start to run when OSHA publishes the proposal in the Federal Register. Once comments are filed, OSHA will review them and publish a final standard. Thus, the fate and content of the final standard rests on various factors, including the commentary received by OSHA during the 120-day comment period.

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